Ford v. Burleigh
Supreme Court of New Hampshire
Bill in Equity. The defendant demurs generally and specially. The substance of the bill is: Before the summer of 1873, the plaintiff, the defendant, and other persons, owned in common, but with unequal interests, a building called the Concord tent, in Alton, situated upon Alton Bay camp-meeting ground.' The land belonged to the Boston & Maine Railroad.
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Bill in Equity. The defendant demurs generally and specially. The substance of the bill is: Before the summer of 1873, the plaintiff, the defendant, and other persons, owned in common, but with unequal interests, a building called the Concord tent, in Alton, situated upon Alton Bay camp-meeting ground.' The land belonged to the Boston & Maine Railroad. The tent was erected with the consent of the railroad, but under no written authority or license, and was subject, like all other tents on the same ground, to the rules of the Alton Bay Camp-Meeting Association. In the winter of 1873 the tent…
1Opinion of the CourtSmith, J.
Several technical objections are urged, in support of the demurrer, to defects in the bill, either because of the want of certain allegations, or because of the insufficiency of certain other allegations, which we have considered, but do not need to discuss, as none of them go to the merits of the case. If in any way material, they can readily be obviated by amendment. This part of the case will be disposed of at the trial term.
It is urged as a ground of demurrer that the plaintiff has an adequate remedy at law, and must first establish Iris right to the exclusive possession of the tent in…
2Cases cited2 opinions
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Scott v. PerleyMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- University System of New Hampshire Board of Trustees & A. v. Marco Dorfsman & ASupreme Court of New Hampshire · 2015
- Ford v. BurleighSupreme Court of New Hampshire · 1882